Sometimes, administrative agencies listen when people voice their concerns about new regulations. In September 2017, the Department of Environmental Conservation ("DEC") completely revamped the State's solid waste regulations, in an effort to make it easier for...
Month: May 2018
New York Federal Court Holds Consent Order Fails to Resolve CERCLA Liability, Allows Cost Recovery Action Under Section 107
Consent orders can be a useful tool to resolve liability under the federal Superfund Law (a/k/a CERCLA) (read our recent blog post on this very point). In a recent case filed in the Northern District of New York, plaintiffs, Cooper Crouse-Hinds ("CCH") and Cooper...
Environmental Organizations Challenge DEC’s Statewide Permit for Industrial Facilities
Does everyone agree that the New York State Department of Environmental Conservation ("DEC") is properly doing its job of protecting the environment in the state? Apparently not. Sometimes activists conclude that the agency's actions are not in the best interest of...
What Tenants Need to Know about Indoor Air Contamination Associated with Soil Vapor Intrusion
In September 2008, then Governor David A. Paterson signed legislation adding a new section to the Environmental Conservation Law (ECL 27-2405) requiring property owners or owners' agents (such as management companies) to notify tenants of any test results related to...
